Opinion

State v. Brewer

  • 325 N.C. 550
  • 386 S.E.2d 569
  • 1989 N.C. LEXIS 604
Court
Supreme Court of North Carolina
Filed
Dec 7, 1989
Status
Published
Author
Mitchell
On the bench
Meyer, Exum, Mitchell, Webb
Cited by
34 cases
Authority
More cited than 6.8%

stating the general rule that the work product or investigative files of the district attorney, law enforcement agencies, or others assisting in the preparation of the case are not open to discovery

How later courts described this case

  • stating the general rule that the work product or investigative files of the district attorney, law enforcement agencies, or others assisting in the preparation of the case are not open to discovery
  • stating that where “there is no positive evidence of a lesser offense[,] . . . the jury need only decide whether [the] defendant was the perpetrator of the crime charged” (citation omitted)
  • holding defendant’s proffered evidence to be irrelevant because “it fail[ed] to point to a specific other person as the perpetrator of the crime with which defendant is charged”
  • “Assuming arguendo that defendant’s proffered evidence was erroneously excluded, . . . [d]efendant has not carried his burden of showing a ‘reasonable possibility that, had the error in question not been committed, a different result would have been reached at the trial.’ ” (quoting N.C.G.S. § 15A-1443(a) (1988))

Written by the judges who cited it.

The opinion

Justice MITCHELL

concurring in result.

The majority holds that the trial court properly refused to instruct on the lesser offense of involuntary manslaughter, because *583 there was no evidence of involuntary manslaughter. For reasons which I have fully discussed in my dissenting opinion in State v. Thomas, 325 N.C. 583 , 386 S.E.2d 555 (1989), involuntary manslaughter is not a lesser included offense of first-degree murder, when, as here, first-degree murder is submitted to the jury based solely upon the felony murder theory; this is true without regard to what the evidence may tend to show. Because the trial court — for whatever reason — permitted this case to go to the jury for its determination of whether the defendant was guilty of first-degree murder only under the felony murder theory, no instruction on lesser homicide offenses would have been proper. I concur only in the result reached by the majority.

Justice WEBB joins in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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